Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: Delhi High Court Bench: JUSTICE Pratibha Rani & Pradeep Nandrajog Rajender Kumar Vs. Nandini & Anr. On 21 October 2016 Law Point: Mental Cruelty — Illicit relationship — Threat to commit suicide — Appellant-husband suggested divorce by mutual consent in the backdrop of respondent-wife’s illicit relationship, but she preferred not to even respond to […]
Court: Punjab and Haryana High Court Bench: JUSTICE J.B. Garg Satyawan Vs. Rekha On 30 May 2016 Law Point: Lodging false criminal case — Contracting second marriage — Respondent-wife lodged false criminal case against appellant-husband and his family — No material to frame charges against appellant and his family members — They were acquitted — […]
Court: Delhi High Court Bench: JUSTICE Hima Kohli & Deepa Sharma Santosh Vs. Hori Lal On 4 August 2017 Law Point: Appellant wife failed to substantiate allegations leveled against respondent-husband even on yardstick of preponderance of evidence — Allegations of such a nature that would have lowered image of respondent in eyes of his superiors, […]
Court: Rajasthan High Court JUSTICE Vineet Kothari Sheelu Vs. Amar Singh & Anr. On 27 January 2016 Law Point: Adultery — Grounds well established by Husband — Divorce decree sustained. Not fit case of making efforts through mediation for restoration of matrimonial home. JUDGEMENT 1. The present appeal has been filed by the appellant wife […]
Court: Delhi High Court Bench: JUSTICE J.B. Garg Nishi Vs. Jagdish Ram Law Point: False accusation by wife — Acts of cruelty included constant threat by wife to have the husband arrested which caused stress to the husband and his family with the result that it was not possible for him to continue with the […]
Court: Rajasthan High Court Bench: JUSTICE Ajay Rastogi & J.K. Ranka Praveena Tank Vs. Arvind Kumar Tank On 19 November 2014 Law Point: Cruelty — Character assassination — According to husband, wife was having illicit relations with a distant relative before marriage and that persisted thereafter — Parties living separately for more than 14 years […]
Court: Supreme Court of India Bench: JUSTICE Dr. AR. Lakshmanan & Tarun Chatterjee Rishikesh Sharma Vs. Saroj Sharma On 21 November 2006 Law Point: Wife living separately and filing cases against Husband which cannot be substantiated. Divorce Decreed. JUDGEMENT Leave granted. 2. The husband is the appellant before us. The respondent is his wife. They […]
Court: High Court Of Delhi Bench: JUSTICE Ms. Veena Birbal Suman Kaushik Vs. N.P. Kaushik Law Point: Divorce on the ground of desertion and cruelty – Parties lived together for 7 months and litigating for 25 years – Husband employed as judicial officer and wife working under government – Wife making various complaints in respect […]
Court: Himachal Pradesh High Court Bench: JUSTICE Rajesh Sharma Pushpa Devi Vs. Om Parkash Law Point: Filing of false complaints and threatening the Husband amount to acts of cruelty. Wife used to leave the matrimonial home at her own will, which amounts to desertion. Decree of divorce granted to Husband. JUDGEMENT 1. This appeal has […]
Court: Uttarakhand High Court Bench: JUSTICE Rajesh Tandon Pramod Bijalwan Vs. Satendra Dutt On 6 July 2007 Law Point: Cruelty, Desertion — Both grounds proved by respondent — False allegation of adultery against husband or wife is mental cruelty and is ground for divorce — Vague allegations made to defame by petitioner amounts to cruelty […]